Good news for Apple!! And .gov gets another middle finger.

[Battle Monkey of Zardoz]

Good news.


http://www.theblaze.com/stories/2016/02/29/judge-in-new-york-drug-case-us-cant-force-apple-to-give-fbi-access-to-locked-iphone-data/

"Ultimately the question to be answered in this matter, and in others like it across the country, is not whether the government should be able to force Apple to help it unlock a specific device; it is instead whether the All Writs resolves that issue and many others like it yet to come. For the reasons set forth above, I conclude that it does not. The government’s motion is denied,” magistrate judge James Orenstein wrote."  Judge Orenstein.

[cassandra and sara's daddy]

First in many levels of courts and appeals


Sent from my iPad using Tapatalk

[charby]

I saw that in the news, definitely good news hopefully the courts up the chain concur.

[Hawkmoon]

I'm probably terminally stupid, but I don't see how any court can use any law to require any person or company to create something that doesn't exist.

In bricks-and-mortar terms, to me it's the equivalent of getting a search warrant for a rented house. The tenants won't open the door, so the .gov goes to the landlord and says, "Open the door." Landlord says, "I can't, I gave the keys to the tenant." Can the .gov really tell the landlord "So YOU hire a locksmith and make us a key?" I don't think so.

[Triphammer]

It's more like telling Schlage to "make a master key that will open every lock they've ever made. And do it now on Schlage's dime and give it to us for free."

[230RN]

^

And do it now on Schlage's dime and give it to us for free.

Um, I thought the original document provided for reasonable expenses on Apple's part?

[lupinus]

^
Um, I thought the original document provided for reasonable expenses on Apple's part?

Even if it did, if they don't want to make a master key for every lock that's their business and the government has no right to make them, simply because they can't figure a way to bust down the door.


Sent from my iPhone. Freaking autocorrect.

[230RN]

^ Yeah, OK, but I was just wondering about the "their dime" remark from Triphammer.

[Hawkmoon]

^
Um, I thought the original document provided for reasonable expenses on Apple's part?

What original document? The 200+ year old statute the .gov is citing (the All Writs Act of 1789!) requires whoever they whack with it to provide assistance to the government. It doesn't say the .gov has to pay for said assistance.

The law also doesn't say that whoever they whack with it has to create something that doesn't exist, either.

https://en.wikipedia.org/wiki/All_Writs_Act

[230RN]

I meant the original court order to Apple to help the government.  Don't make me look it up, but there was such a clause in it IIRC.

[Hawkmoon]

I think it would be great if Apple were to assign a team of its worst programmers to the task, have them spend six months on the government's dime working on it, and then come back and report that they did such a good job making the phones secure that their programmers couldn't break into them. And then submit their bill for time and expenses.

[Perd Hapley]

I think it would be great if Apple were to assign a team of its worst programmers to the task, have them spend six months on the government's dime working on it, and then come back and report that they did such a good job making the phones secure that their programmers couldn't break into them. And then submit their bill for time and expenses.

I like this plan. They could hire me. As a "worst programmer" I'm eminently qualified.

[KD5NRH]

I like this plan. They could hire me. As a "worst programmer" I'm eminently qualified.

I'm worse, and I have no moral qualms with billing for my time at insane rates.

[Monkeyleg]

Just have Apple hire the same people who built the Obamacare site. Doesn't matter if they're not engineers. Same result.

[Battle Monkey of Zardoz]

Just have Apple hire the same people who built the Obamacare site. Doesn't matter if they're not engineers. Same result.

I second that

[RoadKingLarry]

Just have Apple hire the same people who built the Obamacare site. Doesn't matter if they're not engineers. Same result.

Sadly, the people that were too incompetent to work on the Obamacare site are not available, they work for my company.

[HankB]

What original document? The 200+ year old statute the .gov is citing (the All Writs Act of 1789!) requires whoever they whack with it to provide assistance to the government. It doesn't say the .gov has to pay for said assistance.

Seems to me it was rendered obsolete by the 13th Amendment.

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation

I don't recall Apple or its employees being duly convicted of any crime . . .

[Fitz]

my company and others filed a brief in support of apple today

[Perd Hapley]

my company and others filed a brief in support of apple today

Awesome.

[Fitz]

In related news, it appears France doesn't want any tech jobs anymore...


http://www.dailydot.com/politics/france-encryption-decryption-law-punish/

[K Frame]

And Amazon is dropping all encryption on their phones and tablets.

That will show those pesky terrorists, who are already intelligent enough not to use Amazon phones or tables because they, well, suck ass.

[KD5NRH]

my company and others filed a brief in support of apple today

Hopefully they didn't let an actual Apple user write it.

"We likes iFones.  Guvvermunt is mean."

[Fitz]

lol

http://www.dailydot.com/politics/john-mcafee-lied-iphone-apple-fbi/

[Scout26]

Can't the FBI go to the NSA and see who called/texted and who was called/texted from that phone?

Wouldn't that be the first step? 


And again I point out that there probably isn't dick on that phone, since it belonged to the county and Mr and Mrs. Terrorist destroyed their personal phones before going all jihad?

[Regolith]

Hopefully they didn't let an actual Apple user write it.

"We likes iFones.  Guvvermunt is mean."

IIRC, Fitz is employed by Microsoft, so I kind of doubt it...